Car accidents in Texas can be very upsetting and may leave you unsure about what steps to take next. Knowing your rights after a car accident is important for protecting your claim. Texas law provides guidelines that help people involved in car accidents to seek justice and compensation. When you understand your rights and the process, you are in a better position to make decisions that could help you recover financially. This guide will walk you through what rights you have and how you can take the necessary steps to protect your claim after a car accident in Texas. At, Chavez Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Your Right to Compensation After a Car Accident in Texas
After a car accident in Texas, you have the right to seek compensation if the accident was caused by someone else’s negligence. In Texas, negligence is when a person fails to act in a careful way, causing harm to others. If another driver’s reckless actions or failure to obey traffic laws led to the accident, you may be able to receive financial compensation. This compensation can help cover medical bills, car repairs, lost wages, and even pain and suffering. The goal of compensation is to make sure you do not suffer financially for an accident that was not your fault.
Texas uses a fault-based system for car accidents, meaning the driver found responsible for the accident is also financially responsible. You have the right to file a claim with the at-fault driver’s insurance company, or you may choose to file a lawsuit if necessary. In some cases, both drivers may share responsibility, and Texas law allows you to receive compensation as long as you are not more than 50 percent responsible. However, any compensation you receive may be reduced according to your percentage of fault.
Your Right to Medical Care After a Car Accident
After a car accident, one of the most important rights you have is the right to medical care. Whether your injuries are minor or severe, you should seek medical attention immediately. Even if you feel fine, some injuries may not show symptoms right away. Getting medical care not only helps you recover faster, but it also creates a record of your injuries. This medical record can be crucial in proving the impact of the accident on your health when you file a claim.
Texas law allows you to seek compensation for medical expenses from the at-fault driver’s insurance company. These expenses may include emergency care, hospital stays, surgeries, follow-up appointments, medications, and even physical therapy. By receiving medical care right away, you strengthen your claim because it shows that your injuries were directly related to the accident.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Documenting the Car Accident to Protect Your Claim
After a car accident, it is important to document everything related to the incident. Documentation is crucial to protect your claim and make sure you receive the compensation you deserve. You have the right to collect information about the accident scene, including photographs, witness statements, and details from the other driver. This information will help support your claim by providing evidence of what happened.
Try to take pictures of any visible damage to both vehicles, any skid marks on the road, and other important details, such as weather conditions and road signs. If there are witnesses, ask for their contact information, as their statements may support your version of events. You should also keep records of all your medical visits, receipts for car repairs, and any other expenses caused by the accident. This information can play a significant role in helping your claim succeed.
Reporting the Accident to Law Enforcement and Insurance Companies
Texas law requires that you report certain car accidents to the police, especially those that result in injury, death, or significant property damage. By reporting the accident to law enforcement, you help create an official record, known as a police report, which can serve as valuable evidence in your claim. The police report often includes details of the accident, statements from drivers and witnesses, and the officer’s opinion on who may have been at fault.
Once you report the accident to the police, you should also contact your insurance company to inform them of the accident. Texas law requires that you inform your insurance company about any accident, even if you were not at fault. Failing to report an accident may lead to problems with your claim later on. Your insurance company may ask you questions about the accident and the damages to your vehicle. It is essential to be honest and only provide factual details. If you have concerns about how to handle these conversations, you may consider consulting a legal professional to help guide you.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Protecting Your Claim by Avoiding Common Mistakes
After a car accident, certain actions can weaken your claim, making it harder for you to receive compensation. Knowing what to avoid can help you protect your rights. One common mistake is admitting fault at the accident scene. Even if you feel partially responsible, avoid saying things like “I’m sorry” or “I didn’t see you,” as this may be used against you later.
Another mistake is waiting too long to seek medical care. Delaying medical treatment may give the impression that your injuries were not serious or were unrelated to the accident. This can make it harder to prove the connection between the accident and your injuries when you file a claim.
It is also important to avoid giving a recorded statement to the other driver’s insurance company. Insurance companies may try to get you to say things that could hurt your claim. If you are asked for a recorded statement, it is wise to speak with an attorney before agreeing. A legal professional can advise you on what to say and how to protect your rights throughout the claims process.
The Role of Comparative Negligence in Texas
Texas follows the rule of comparative negligence, which allows you to seek compensation even if you were partly at fault for the accident. However, Texas law also states that if you are found to be more than 50 percent responsible for the accident, you will not be eligible for compensation. This rule is known as the “51 percent bar rule.”
If you are less than 50 percent responsible, you may still receive compensation, but it will be reduced by your percentage of fault. For example, if you are found to be 20 percent responsible for the accident, the amount you receive will be reduced by 20 percent. Understanding this rule can help you in deciding how to approach your claim and what steps to take if you need to prove that you were not at fault.
Filing a Lawsuit to Protect Your Rights
If negotiations with the at-fault driver’s insurance company do not lead to a fair settlement, you have the right to file a lawsuit. Sometimes, insurance companies may try to offer less than what you deserve, or they may dispute your claim. By filing a lawsuit, you bring your case to court, where a judge or jury can decide the outcome. Filing a lawsuit can be a complex process, as it involves gathering evidence, presenting witnesses, and following Texas court procedures.
In Texas, there is a time limit for filing a lawsuit after a car accident, known as the statute of limitations. The general time limit is two years from the date of the accident. Filing within this time frame is essential to keeping your claim valid. If you miss this deadline, you may lose the right to seek compensation. By understanding the statute of limitations and other legal rules, you can protect your right to a fair recovery.
Seeking Legal Guidance to Protect Your Claim
Navigating a car accident claim can be overwhelming, especially if you are dealing with injuries, vehicle damage, and lost income. Seeking legal guidance can help protect your rights and ensure that you have the best chance of receiving fair compensation. A legal professional can help you understand the value of your claim, negotiate with insurance companies, and represent you in court if necessary.
A legal professional can also help you understand Texas laws and how they apply to your situation. With guidance, you can feel confident that you are making the right choices and protecting your future. This support can make the process easier and give you peace of mind as you focus on recovering from your accident.
If you or a loved one has been involved in a car accident in Texas, it is essential to take steps to protect your rights and secure the compensation you deserve. At Chavez Law Firm, we are committed to helping individuals navigate the complex claims process. Our dedicated team understands Texas car accident laws and can guide you through each step. With Chavez Law Firm on your side, you can focus on healing while we work to protect your financial future. Contact us today to discuss your case and learn how we can support your recovery journey.